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About ozzyboy

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  1. I'm sure it won't come to it, but are you sure your union will pay any legal fees? In my experience, such representation is confined to legal advice and / or representation in matters arising directly from your employment but not from your personal financial affairs...
  2. Assuming that there is no court judgement on this debt, it will have been stat barred under NSW legislation two years ago (i.e. 6 yrs after your last payment or written acknowledgement of the debt). As above, even if there is a court judgement, this is a civil matter and therefore will not be picked up on any police search. It is very unlikely that your actions could be interpreted as fraud since you made repayments on this debt for two years.
  3. No doubt someone else will chip in, but if you are up against a DCA, I suggest you stand your ground and maintain that you informed both Egg and HSBC of your move. If they didn't make a note of it then that's their problem and they ought to have disclosed this information when they sold the debts. It will be tough when there is no written proof but it would not be unreasonable for a bank's customer to assume that passing on this information in a phone call or by a visit to one of their branches ought to be enough for them to act upon. Isn't that why they have "Customner Service" desks an
  4. So to clarify; You have 3 CCJs dating from Dec 2012, June 2013 and Feb 2014 but are only seeking to have 2 of them set aside You are seeking a set-aside for an alleged loan to Egg on the grounds that it was statute barred when the CCJ was made but Egg disagree about when the 6 year countdown started? You are seeking a set-aside for HSBC on the grounds that you were in the USA when the CCJ was made? Both Egg and HSBC claim that you did not inform them of your move from the UK but you have no physical evidence to disprove this? You also say that it would have been very easy for the
  5. Bank fodder is correct - it is not automatic for a set-aside to be granted. Whilst living abroad is a very strong defence, it is up to the defendant to make their case as convincing as possible As anyone who has had any dealings with the legal system will confirm, a judge, magistrate or whoever can only base their decisions on the arguments presented to the court by both parties. If the case before them is apparently 100% likely to succeed but there is nothing presented in evidence, no matter how much the magistrate might wish find in their favour, their hands will be tied.
  6. Sorry - but that sounds like a contradiction of Practice Direction 7C which states; Claims which may not be issued through the Centre 2.1 The Centre will not issue any claim form which is to be issued in the High Court. 2.2 The Centre will only issue a claim form if the claim is for a specified sum of money less than £100,000. 2.3 The Centre will not issue any of the following types of claim – (1) a claim against more than two defendants; (2) a claim against two defendants where a different sum is claimed against each of them; (3) a claim against the Crown;
  7. Although the OP has not stated it, I am assuming that the debts are standard consumer credit debts and would therefore be covered by the CCA which specifically states that only the UK County Court will have jurisdiction. Since a valid CCJ cannot be made against a UK debtor who is living in the USA sueing the OP in a UK court would seem to be pointless, dead end route for any creditor as they would be unable to enforce any judgement in their favour. I agree that the fact that there is property in the UK confuses the matter.
  8. Please correct me if I am wrong, but if a set aside is granted on the grounds that the CCJ was improperly made against an overeseas resident who had already left the UK at the time of the original judgement, will this not preclude any further attempts to enforce judgement in a UK County Court for the very same reason?
  9. I assume this relates to debts in the UK and not the USA? Your credit rating cannot be transferred to the USA so nothing to worry about on that score. However, if your UK debts are substantial and you have equally substantial assets in the US, your UK creditors may try to chase them. As far as actually going BR, if you've been living outside the UK for I suggest you seek professional, unbiased advice to explore your options.
  10. Well done and good luck...please keep us up to date with any developments.
  11. A subtle change to the wording of your post and you've hit the nail on the head as far as DCAs are concerned. Amend "worth less" to "worthless" and lose the rest of the sentence! I'm surprised that your relative's banks and CC statements were not sent to an overseas address. The only one of our creditors who didn't change our details was Egg but that seemed to be because it was a web based service and their system didn't accept any change of address for non-UK details.
  12. You shouldn't need to contact a UK solicitor just yet. Contact the UK Courts service and request a copy of form N244 which is the first step in getting the CCJs set aside. You'll need to complete a separate form for each CCJ but other than the case reference, all the details you will need to enter will be pretty much the same. Read this Do it ASAP and stress the point that your tardiness in responding to the judgements is due to the fact that you have only just learned of their existence. I assume your last UK address is not the same as the property on which there is a CA?
  13. Credit Corp are known for their tenacity but they should not be discussing details about this debt with anyone except YOU. You don't say where you are but it may be that they are on a fishing trip and trying to track you down? If it's a small debt and you are outside Aus, I wouldn't worry too much.
  14. As above, the NSW SDRO processes fines issued by police, council and the RMS. They don't chase tax bills - that would be the ATO which is Federal rather than state. If you're sure it isn't consumer debt then it may be regarding failure to vote in the recent election but in that case you ought to have been contacted by the AEC who would have sent an "apparent failure to vote" notice to which needs to be answered within the given timeframe. Of course, if you didn't get this letter they may have taken the matter to court in your absence and you could have been stung with a
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